[HISTORY: Adopted by the Borough Council
of the Borough of Bay Head 12-18-1984 as § 3-3 of the 1984 Code. Amendments noted where
applicable.]
[Amended 4-3-1990 by Ord. No. 1990-2]
A.
No person shall make, continue or cause to be made
or continued any loud, unnecessary or unusual noise or any noise which
does or is likely to annoy, disturb, injure or endanger the comfort,
repose, health, peace or safety of others.
B.
No person shall allow a person on premises or within
a structure under his or her control, as an owner or lessee, to make,
continue or cause to be made or continued any loud, unnecessary or
unusual noise or any noise which does or is likely to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
others.
A.
Without intending to limit the generality of § 163-1, the following acts are hereby declared to be examples of loud, disturbing and unnecessary noise in violation of this chapter:
(1)
Radios; televisions; phonographs.
[Amended 4-3-1990 by Ord. No. 1990-2]
(a)
The playing, use or operation of any radio receiving
set, television, musical instrument, phonograph or other machine or
device for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of neighboring inhabitants
or with louder volume than is necessary for convenient hearing for
persons who are in the room, vehicle or chamber in which the machine
or device is operated and who are voluntary listeners; or
(b)
The operation of such a set, instrument, phonograph,
machine or device so that it is clearly audible across real property
boundaries or through partitions common to two parties within a building
or clearly audible at 50 feet from such device when operated within
a motor vehicle parked on a public right-of-way or on a public space
or within a boat.
(2)
Yelling; shouting. Yelling, shouting, hooting, whistling
or singing on the public streets which annoys or disturbs the quiet,
comfort or repose of persons in any office, dwelling, hotel or other
type of residence or of any persons in the vicinity.
[Amended 4-3-1990 by Ord. No. 1990-2]
(3)
Animals; birds. The keeping of animals or birds which,
by causing frequent or long continued noise, disturbs the comfort
or repose of any person in the vicinity.
(4)
Horns. The sounding of a horn or warning device on
an automobile, motorcycle, bus or other vehicle except when required
by law or when necessary to give timely warning of the approach of
the vehicle or as a warning of impending danger to persons driving
other vehicles or to persons on the street. No person shall sound
a horn or warning device on an automobile, motorcycle, bus or other
vehicle which emits an unreasonably loud or harsh sound or for an
unnecessary or unreasonable period of time.
(5)
Exhaust. The discharge into the open air of the exhaust
of an engine, stationary internal combustion engine or motor vehicle,
except through a muffler or other device which will effectively prevent
loud or explosive noises.
(6)
Defect in vehicle or load. The use of an automobile,
motorcycle or vehicle so out of repair or so loaded that it creates
loud and unnecessary grating, grinding, rattling or other noise.
(7)
Construction, landscaping, or lawn-cutting activities.
[Amended 10-3-1995 by Ord. No. 1995-9; 6-3-1998 by Ord. No. 1998-6; 2-15-2005 by Ord. No.
2005-1; 12-2-2008 by Ord. No. 2008-17; 8-16-2010 by Ord. No. 2010-13; 9-17-2018 by Ord. No. 2018-14]
(a)
Property owners may allow the conducting of construction, landscaping,
or lawn-cutting activities on their properties only between the hours
of 8:00 a.m. and 6:00 p.m., Monday through Friday. Property owners
may not permit any construction, landscaping, or lawn-cutting activities
on their properties on Saturdays and Sundays, New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas
Day.
(b)
Property owners and tenants may personally conduct construction,
landscaping, or lawn-cutting activities on property they own or lease
without commercial assistance between the hours of 8:00 a.m. and 7:00
p.m. on Monday through Friday and between the hours of 9:00 a.m. and
7:00 p.m. on Saturday and Sunday.
(c)
In case of urgent necessity or in the interest of public health
or safety, the Construction Official may grant a permit for construction
activities for a period not to exceed three days for work to be carried
on over a twenty-four-hour basis.
(d)
Construction, landscaping, or lawn-cutting activities within
the meaning of this chapter includes any excavation, demolition, construction,
repair, alteration, landscaping, or lawn-cutting work and work performed
by plumbing, electrical, landscaping, carpentry, masonry, tile, pool
installation and painting contractors. “Landscaping or lawn-cutting
activities” shall include, but not be limited to, the use or
operation of power lawnmowers, leaf blowers, and any noise-creating
blower.
[Amended 12-6-2021 by Ord. No. 2021-17]
(8)
Schools; courts; churches; hospitals. The creation
of excessive noise on a street adjacent to a school, institution of
learning, church or court while in use or adjacent to a hospital which
unreasonably interferes with the working of the institution or which
disturbs or unduly annoys patients in the hospital, provided that
conspicuous signs are displayed in such a street indicating that it
is a school, hospital or court street.
(9)
Public use of sound-creating devices. The operation
of any form of a sound-creating device, vocal or instrumental, human
or mechanical or otherwise on the sidewalks, streets and highways
or other public places of the borough, for or without profit, for
the purpose of attracting the attention of the public to and the advertisement
of any business, sport, exhibition, entertainment, spectacle, undertaking,
happening, occasion and any other event or the operation in any building
or on any premises or on any public street of the borough any radio
device or mechanical musical instrument or device of any kind whereby
the sound is cast directly or indirectly upon any public street or
place and where such device is maintained and operated for advertising
purposes or for the purpose of attracting the attention of the passing
public or which is so placed and operated that the sounds coming therefrom
can be heard to the annoyance or inconvenience of persons upon any
street or public place or in neighboring premises, provided that the
inhibition herein contained shall not be applicable to any parade
for which a permit has been issued.
(10)
The sounding of a railroad horn or whistle between
the hours of 7:00 p.m. and 7:00 a.m. at any railroad grade crossing
where there are crossing gates.
[Added 5-4-2004 by Ord. No. 2004-6]
B.
The above enumeration is intended to give typical
illustrations of prohibited noise and shall not be construed as exclusive.
Nothing herein contained shall be construed
to apply to:
A.
The reasonable use of bells, chimes or sound amplifiers
by churches engaged in church activities, subject to the permission
of the Mayor and Council.
B.
Activities of municipal departments in the performance
of their duties, drills or public demonstrations.
C.
Activities in public parks, playgrounds or public
buildings under permission or authority of municipal officials.
D.
The playing by a band or orchestra in a hall or building
or in the open air, where duly authorized.
[Amended 7-5-1995 by Ord. No. 1995-7; 11-19-1996 by Ord. No. 1996-5]
A.
Unless otherwise specified herein, for a violation
of any provision of this chapter, the maximum penalty, upon conviction
thereof, shall be a fine not exceeding $2,000 or imprisonment for
up to 90 days or a period of community service not exceeding 90 days,
or any combination thereof. Except as otherwise provided, each and
every day in which a violation of any provision of this chapter exists,
shall constitute a separate violation.
[Amended 12-6-2021 by Ord. No. 2021-17]
B.
All fines and penalties under this chapter may be
paid directly to the Municipal Court Administrator unless otherwise
indicated by the officer issuing the summons.
